There are time limits within which Western Australia medical negligence solicitors must either settle claims or issue legal proceedings in a WA court of law. The primary legislation is to be found in the WA Limitation Act 2005 and any subsequent amendments.

The purpose of these time limits is to bring finality to potential claims because memories fade, witnesses die or move away and documentation or records become lost or corrupted. Most limitation legislation is complex and difficult with numerous exceptions and exemptions and varying time limits dependent on the type of injury, the age and mental capacity of the claimant, the date that the injury was or should have been discovered and the behaviour of the potential defendant. If you are in any doubt about the effect of this WA legislation you should urgently contact a Western Australia medical negligence solicitor because time is of the essence in these matters.

Failure to comply with these time limits can result in loss of the opportunity to claim compensation. Reference should always be made to a Western Australia medical negligence solicitor to obtain information and advice on these time limits as soon as possible after the event giving rise to the potential claim. If you would like specialist advice at no cost just complete the contact form or email our WA lawyers offices or use the helpline and a no win no fee solicitor will telephone you with no charge and no obligation.

Compensation in a personal injury claim is awarded for pain and suffering which is calculated by using other previously decided cases as a guideline and for financial losses which may include loss of wages, diminution of future wages, loss of congenial employment, medical bills and general expenses. Receipts or estimates of costs incurred will be used to calculate the worth of the tangible losses. The overall amount of compensation that may be awarded depends on a number of factors including :-

• the extent and severity of the injuries
• the overall recovery period
• whether or not there are any long-term symptoms
• monetary losses caused by the accident

Experienced lawyers know that many people who have a valid personal injury case which justifies payment of compensation fail to take legal action and quite a number who attempt to take legal action have no case at all. Whether or not the circumstances will justify a claim for compensation depends principally on the law of negligence. There are many formal definitions of negligence that should amount to the same thing. One of the most commonly used definitions of negligence is as follows :-

The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.

Medical negligence law has now moved on from the basic definition of negligence and is now substantially more complicated requiring specialist Western Australia medical negligence solicitors to make sense of the regulations.

There are a number of other more formal considerations that Western Australia medical negligence solicitors look at before a personal injury case can be considered as won and liable to result in the payment of compensation. The person making the claim must prove that :-

• it was reasonably foreseeable that harm would result from a failure to take care by the other person
• there was a duty of care owed to the other person and the duty was not discharged to the injured person
• damage, loss or personal injury resulted to the person making the claim which is directly attributed to the effect of the negligence.

Western Australia Medical Negligence Solicitors

The following Western Australia medical negligence solicitors deal with personal injury compensation claims:-

Kott Gunning Perth

Ruby & Havilah Geraldton

summerslegal Perth

Dwyer Durack Perth

Talbot & Olivier Perth

Rattigan Kearney & Bochat Rockingham

Papamihail Subiaco

J G Staude Perth

Tolson & Co Perth

Taylor Nott & Molinari Katanning

M C Sandford Mt Pleasant

Ilberys Lawyers Perth

Moss & Co Esperance

Sivan & Associates Applecross

Butcher Paull & Calder Perth

Downings Legal Perth

Wickham Chambers Perth

Francis Burt Chambers Perth

Gibson & Gibson Perth

Friedman Lurie Singh Perth

Slee Anderson & Pidgeon Bunbury

Biddulph & Turley Perth

Taylor Smart Perth

Vivien Edwards & Associates Denmark

Auburn & Associates Broome

Stephen Browne Lawyers South Perth

L Cohen & Co Inglewood

J R Criddle Perth

D'Angelo & Partners Perth

Barry Ebedes Dianella

Jackson McDonald Perth

Kakulas & Kakulas Perth

Kuscevich & Associates Wembley

J G Mazza Bunbury

McCallum Donovan Sweeney Perth

Michell Sillar McPhee Perth

Phillips Fox Perth

L E Sephton Attadale

Shaddicks Busselton

Young & Young Bunbury

P J Marsh Inglewood

McAuliffe Williams & Partners Perth

HELPLINE: ☎ 1800 633 634

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here